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(영문) 서울서부지방법원 2013.06.13 2013고단469
유해화학물질관리법위반(환각물질흡입)등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 shall be confiscated.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On August 16, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act at the Seoul Western District Court on August 16, 2012, and completed the execution of the sentence at the Seoul Southern District Court on November 29, 2012.

At around 10:30 on March 2, 2013, the Defendant 2013 Godan469, the Defendant inhaled at the entrance of the vinyl paper, which is a product of the Japanese Industrial Co., Ltd., Ltd., which contains TolueneN, a harmful hallucinogenic substance in Yongsan-gu Seoul, in the “Felt” located in Yongsan-gu Seoul, Yongsan-gu, Seoul, by inserting one 150gg, an industrial attachment to the product of the Korean Industrial Co., Ltd., which is an industrial package to the product of the Korean Industrial Co., Ltd., and then inhales it by hanging it.

The Defendant administered a psychotropic drug-related psychotropic drug-related Mespopon (one philophone, hereinafter referred to as “philoopon”) as follows, even though he is not a narcotics handler.

Around 23:50 on January 10, 2013, the Defendant, at HMoel located in Yongsan-gu Seoul Metropolitan Government, injected approximately 0.05g of a single philopon, which was contained in the disposable injection machine he possessed, with water, and administered them in a way of injection.

Summary of Evidence

1. Statement of each of the accused in court;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. The report on the request for appraisal, and the report on the request for appraisal;

1. A report on investigation (report on calculation of additional collection charges);

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions of facts constituting an offense, and Articles 58 subparagraph 3, 43 (1), and 60 (1) 2, and 4 (1), and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the appointment of imprisonment with prison labor, with prison labor, with prison labor, with prison labor) of the relevant Article of the Act on the Control of Narcotics, etc.;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc.

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